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Questions Answered by Susan Beth Henner

1 Answer | Asked in Immigration Law for Connecticut on

Q: I would like to know , how long its takes to come back in the us after being deported? thanks.

Susan Beth Henner answered on May 1, 2012

It depends on the reason for deportation. Different crimes or reasons for removal will subject the deportee to different time periods they must remain outside the country. Some drug convictions, for example, may mean that the deportee may never be permitted to return to the US. Other crimes may... Read more »

2 Answers | Asked in Immigration Law for New Jersey on

Q: My husband has been here illigaly for over 20 years and works every day I am a US citizen how do I help him

Susan Beth Henner answered on May 1, 2012

It depends how he came to the United States. You can sponsor your husband if he either came with a visa, or if he had filed (or someone filed on his behalf) a petition prior to April 30, 2001. Otherwise, you should discusss the case with a qualified immigration lawyer to see any other options he... Read more »

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1 Answer | Asked in Immigration Law for New York on

Q: I'm married permanent resident for 4 years now. Is my brother (not married) eligible for family unity program?

Susan Beth Henner answered on May 1, 2012

In order to sponsor your brother you would need to be a US citizen. Sponsorship of a sibling takes many many years; in some cases 12 to 15 years.

1 Answer | Asked in Immigration Law for New York on

Q: Does my husband need to file a overstay waiver for me?

I came to the US from Sweden in december 2010 on a 3 month tourist visa.Im not sure if I came with a I-94 or if I used ESTA. But if I had a I-94 they took it and kept it when they inspected me at the border.I overstayed my visa with 5 months and then got married. Me and my husband are now in the... Read more »

Susan Beth Henner answered on May 1, 2012

If you entered with a visa waiver and are married to a citizen you can apply for adjustment of status and a visa. You need not file a special waiver form for this type of case. You may obtain a copy of the I-94 card you used to enter by filing Forn I-102 with the USCIS and providing the date of... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: My fiance is incarcerated sentenced to 4yrs n 5yrs parole. Will he be deported?

Susan Beth Henner answered on Apr 10, 2012

It depends. What is the crime for which he was incarcerated? Is there any reason he can not return to his home country? Does he have a green card or is he illegal here? It sounds like he was convicted of a felony. Normally this would render him removable in most cases. However there may be... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: Getting paid less than prevailing wage. Filing for H1b.

1. I I fall in Level 2 for a job. I am currently being paid 50,000 annually and am going to be paid 55,000 annually starting next month. This is less than the prevailing wage. Do you think it is safe to apply under level 1?

2. There is another job (Computer Support specialist) which has a... Read more »

Susan Beth Henner answered on Apr 10, 2012

The employer must pay the prevailing wage or exceed it. The "levels" may be determined by reviewing the requirements for the position and then equating them to your actual experience and education. The lesser job you mention sounds like it may not qualify for H1B status. Remember the position... Read more »

1 Answer | Asked in Immigration Law for New York on

Q: When filing an I-129 expedited, do I pay the regular $ 325 + the $ 1225 fee, or only $ 1225?

Susan Beth Henner answered on Apr 10, 2012

The employer is required to pay the $325 and the $1225 premium fee. In addition if it is the first time an employer is filing for the individual they must also pay the $500 fraud fee as well as the employer fee of $750 or $1500 (depending on the size of the sponsoring employer).

1 Answer | Asked in Immigration Law for New York on

Q: If my son is bearer of a green card since 4 years before, and now he is 14 years old, should he file for renewal the gre

Susan Beth Henner answered on Apr 10, 2012

Generally the green card is valid for ten years. Look on the front of the card for an expiration date. Your son should file for an extension of the card a few months prior to the expiration of the current card. He can file right on line in most cases.

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